The National Health Service Pension Scheme (Transitional and Consequential Provisions) (Scotland) Regulations 2015 No. 95

SCHEDULE 2 Amendments to the old scheme

PART 2 Amendment of the 2013 Regulations

New regulation 3.D.18

17.  After regulation 3.D.17 , insert—

“Exceptions to requirement that NHS employment must have ceased

3.D.18— (1) A member is not prevented from becoming entitled to a pension under regulation 3.D.1 in respect of pensionable service as regards which the member is a deferred member because of continuing in NHS employment if paragraph (2) applies.

(2) This paragraph applies if the member—

(a) is in employment with an employing authority in respect of which the member is eligible to join the 2015 Scheme; and

(b) has a break of service under the 2015 Regulations that exceeds five years.”.